| People v Goodwin (Jonathan) |
| 2016 NY Slip Op 50022(U) [50 Misc 3d 132(A)] |
| Decided on January 13, 2016 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Joanne D. Quinones, J.), rendered May 30, 2013, convicting him, upon a plea of guilty, of harassment in the second degree, and imposing sentence.
Per Curiam.
Judgment of conviction (Joanne D. Quinones, J.), rendered May 30, 2013, affirmed.
Upon our review of the record as a whole and the circumstances of the plea in its totality (see People v Sougou, __ NY3d __, 2015 NY Slip Op 08617 [2015]), we are satisfied that defendant "intelligently and understandingly waived [his] constitutional rights" (People v Conceicao, __ NY3d __, 2015 NY Slip Op 08615 [2015]; see Boykin v Alabama, 395 US 238 [1969]; People v Tyrell, 22 NY3d 359, 366 [2013]), and entered an otherwise knowing and voluntary guilty plea. In full satisfaction of an accusatory instrument charging defendant with two counts of third degree assault and one count of second degree harassment, defendant pleaded guilty to a single count of second degree harassment, a violation, in return for a negotiated sentence of conditional discharge. In response to the court's questioning, defendant personally confirmed that he was pleading guilty of his own free will, that he had enough time to speak to his attorney regarding the guilty plea, and that he understood that he was giving up the right to trial, the right to remain silent and the right to have the People prove the case against him beyond a reasonable doubt. A plea of guilty "will not be invalidated solely because the Trial Judge failed to specifically enumerate all the rights to which the defendant was entitled and to elicit from him or her a list of detailed waivers before accepting the guilty plea'" (People v Tyrell, 22 NY3d at 365, quoting People v Harris, 61 NY2d 9, 16 [1983]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.